DHARM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant appeal is directed against impugned judgment & order dt.23.03.2007 passed by Special Judge, SC/ST (POA) Cases & Additional Sessions Judge, Sawaimadhopur in Sessions Case No.81/2004 convicting accused appellant for offence U/s 302 IPC and sentenced to suffer imprisonment for life & to pay fine of Rs.1000/-, in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) Taking brief facts of the case as unfolded by the prosecution are that Meetha Lal (PW4) lodged a written report (Ex.P15) at Police Station Malarna Doongar on 20.05.2004 alleging that on 19.05.2004 in the evening at about 6 pm when he was coming to village Bariyara after playing cricket in village Maanoli via village Didwada, on the way Dinesh S/o Rajaram fell down with fever and after taking cot from Manphool S/o Birbal Gujar of Didwada they were taking Dinesh to Badh-Bariyara on the cot, at that time four persons came from behind armed with 'Kulhadi'(axe) & 'lathis' and inflicted kulhadi blow at Kakad of Didwada & Aniyala, as result of which Munesh S/o Hanuman received serious injury on his head & was referred to SMS Hospital. It was further alleged that on account of fear Suresh (PW6) S/o Shambhu, and Vinod S/o Kanhaiya Lal, ran away from the spot and they narrated the story in the village then Rambilas S/o Gopi, Jairam S/o. Ramras, Ramesh S/o Gangaram & other persons, took Munesh in a tractor from the place of incident to Sawaimadhopur from the village in a jeep where his treatment is going on.

(3.) On receipt of written report, FIR-75/2004 for offences U/ss 341, 323, 307 IPC & Sec.3 of SC/ST Act was registered and investigation commenced. However, during the course of investigation, Munesh succumbed to the injuries on 05.06.2004 after 18 days of the incident and Sec.302 IPC was added and during the course of investigation, the accused appellant was arrested vide arrest memo Ex.P22 on 21.05.2004 and after completing the investigation, the police submitted charge-sheet on 17.08.2004 for offences U/ss 147, 148, 149, 307 & 302 IPC and U/s 3(ii) & 3(V) of SC/ST Act and charge was framed against the accused appellant for offences U/ss 148 & 302 IPC while against other co-accused Prem Raj, Thandi, Kalu @ Deshraj & Jagroop for offences U/Ss 148, 302/149 IPC who denied the charges and claimed to be tried. The prosecution produced as many as 25 witnesses and placed documents Ex.P1-Ex.P-47 in support of its case along with Article-1 to Article-12. The accused persons were examined U/s 313 Cr.P.C. and denied the allegation but didn't produce any witness in their defence and after hearing the parties, the learned trial Judge acquitted four other accused persons namely Premraj, Thandi, Kalu @ Deshraj & Jagroop from all the charges and also the present appellant for offence U/s 148 IPC but at the same time convicted & sentenced him vide impugned judgment & order dt.23.03.2007 for offence U/s 302 IPC and sentenced him for imprisonment, referred to supra.